Texaco discussed on Boston Public Radio Podcast


Being political branch a branch whose job it is to make policy to make law. possessed. With will. And that possessed of the judicial branch is not will but judgment He then went on to explain that it's really important. To maintain that that clear distinction. Between will and judgment. Lest you have the judicial branch. Consisting of people who are not elected by the people not accountable to the people at regular intervals and who served basically for the rest of their lives. So long as they're on good behavior. You can't have them exercising and will. Because it's not their job. What do you think you met? What's the difference between will and judgment? I think will is the imposition of policy preferences as happens in the making of. Judgment is evaluating law for its consistency with the constitution, for example, or to give another example to interpret what that law means. But it most certainly is not the imposition of policy preferences. A judge who approaches a case as an opportunity for an exercise of will has acted. has betrayed her. Judicial. Duty. Have, you should know she's reached that point. So I think it requires disciplined judicial decision making. So you approach the text. You treat it as a text treat it as law I've described originalism and Texaco won't be Labor that point but I will say that one practice that I have. One check that I put on myself to to make sure that I'm not biased is that when? I write an opinion. I tried to read it from the perspective of the losing party so that any sympathy that I might feel for the particular result that I reach I, try to make the sympathy round the other way to see if it will still hold and also. I would be disappointed in this outcome if it was my child whose sentence or a criminal conviction or civil loss, whatever it is is on the line, but would I still think it was a well reasoned opinion?.

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